Order Michigan Supreme Court
Lansing, Michigan
September 24, 2008 Clifford W. Taylor,
Chief Justice
136542-43 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
RICK PETERSEN, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 136542-43
COA: 273293-94
WCAC: 03-000036, 03-000260
MAGNA CORPORATION and MIDWEST
EMPLOYERS CASUALTY COMPANY,
Defendants-Appellants,
and
BCN TRANSPORTATION SERVICES, INC.;
KOLEASECO, INC. and CITIZENS
INSURANCE COMPANY OF AMERICA;
KOLEASECO, INC. and ACCIDENT FUND
OF AMERICA; BCN TRANSPORTATION
SERVICES and TIG INSURANCE COMPANY;
MAGNA CORPORATION and TIG INSURANCE
COMPANY; and SERTA RESTOKRAFT
MATTRESS COMPANY, INC. and
HARLEYSVILLE LAKE STATES INSURANCE
COMPANY,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the April 17, 2008
judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issue
of the proration of attorney fees in MCL 418.315(1). The parties shall include among the
questions to be briefed: (1) what is the meaning of the term “prorate” in the last sentence
of § 315(1), and whether that term represents an exception to the American Rule
regarding attorney fees (see Haliw v City of Sterling Heights, 471 Mich 700, 707 (2005));
(2) whether the magistrate’s authority to prorate attorney fees is limited to the parties to
the worker’s compensation action; and if so, does the penultimate sentence of MCL
418.315(1) limit which parties are subject to proration; and (3) what is the status, if any,
of health care providers and medical insurers in prorating of attorney fees.
2
The Clerk of the Court is directed to place this case on the January 2009 session
calendar for argument and submission. Appellants’ brief and appendix must be filed no
later than November 10, 2008, and appellee’s brief and appendix, if appellee chooses to
submit an appendix, must be filed no later than December 12, 2008.
The Worker’s Compensation Section of the State Bar of Michigan, the Michigan
Self-Insurers’ Association, and Blue Cross and Blue Shield of Michigan are invited to file
briefs amicus curiae, to be filed no later than December 26, 2008. Other persons or
groups interested in the determination of the issues presented in this case may move the
Court for permission to file briefs amicus curiae, with such briefs to be filed no later than
December 26, 2008.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 24, 2008 _________________________________________
0923 Clerk